Far-right activist Blair Cottrell has been rejected in his bid to fight for “free speech” in the High Court but will continue his campaign in Victoria’s County Court.

The United Patriots Front leader appeared in the County Court today to appeal his conviction for inciting hatred, contempt and ridicule of Muslims, after making a video beheading a dummy in protest of a Bendigo mosque. Cottrell and supporters Neil Erikson and Christopher Neil Shortis were convicted in September 2017 and fined $2000 each.

Lawyer John Bolton had lodged an application with the High Court, arguing Cottrell had been charged with an “invalid law” under the Australian constitution.

He previously told AAP “free speech” was protected under the constitution, “which protects political discourse”.

However, Mr Bolton told Judge Lisa Hannan on Tuesday the High Court dismissed the application, referring the matter back to the County Court. The lawyer said he would now argue there was “no such class of persons as Muslims” that could be offended by the video, given the variety among the Islamic faith.

“Who is this supposed to have caused people to think bad thoughts about?” he argued, adding he’d call witnesses to examine “what ‘Muslim’ means”. He added a comment about Saudi Arabian beheadings, to which Judge Hannan quickly replied was “not relevant”.

Mr Bolton also asked the judge to hear the “constitutional matter”, requiring her to notify the attorney-general but she said she didn’t have power to determine a constitutional matter.

The prosecution plans to call six witnesses to the trial, including City of Bendigo council workers and police.

“It’s being drawn out deliberately, I think, probably to see how much money we’ve got,” Cottrell told reporters outside court.

“I’m not going to give up.” Cottrell was supported in court by Erikson, who earlier abandoned his appeal bid.

After the hearing, Cottrell tweeted a video telling followers he hadn’t “failed anything”.

“The prosecution has found a law that the County Court can hear that matter — the High Court doesn’t need to, so the constitutional matter has been sent back to County Court for Judge Hannan to hear,” he said.

“I haven’t failed anything. The matter is still active. The law still may be unconstitutional.” The appeal was set down for 10 days from August 8, which Judge Hannan said she thought was too long.

• As reported here and elsewhere (9 News), serial pest and former UPF flunkey Neil Erikson was also in court to support his former fuehrer — Erikson is due back in Melbourne Magistrates’ Court in May to fight charges of assault, riot and affray.

• Lawyer John Bolton repped Erikson at a previous court hearing in June, at which he successfully argued for an alteration in bail conditions so as to allow Erikson & Co. to do politics ‘n’ that. ABC: ‘A magistrate agreed to vary the men’s bail conditions today to allow them to associate for the “purpose of engaging in lawful political communication or assembling lawfully”. Outside court, Mr Erikson said it was important the group could “meet up and discuss politics” as they planned to register a political party called Cooks Convicts.’ Naturally, the party was never registered, and the name abandoned for another, ‘It’s OK To Be White’, which was also never registered; currently, Erikson is promoting Fraser ‘Final Solution’ Anning’s new party, the ‘Conservative Nationals’. See : Fraser Anning’s Neo-Nazi connections, The White Rose Society, January 11, 2019.

Above (L to R) : John Bolton, Blair Cottrell, Mark McDonald, Oscar Tuckfield. McDonald is the former fuehrer of neo-Nazi groupuscule ‘Squadron 88’ turned The Lads Society organiser in Sydney; on Tuckfield and McDonald, see also : Neo-Nazi infiltration of the Young Nationals in NSW (October 11, 2018).

• In October last year, Bolton organised a very smol ‘International Freedom of Speech’ rally outside Lakemba, which was attended by Cottrell, a smattering of local neo-Nazis, and various other odds & sods, including Rino ‘Bluebeard’ Grgurovic — Grgurovic is due in Melbourne Magistrates’ Court on February 26 over assault charges.

• As 9 News notes, Cottrell ‘has been convicted of numerous serious offences including arson and stalking’, along with seven counts of intentionally damaging property, failing to comply with a community-based order, two counts of recklessly causing serious injury, aggravated burglary, property damage, trafficking testosterone, possessing a controlled weapon and breaching court orders. Cottrell, as ‘Bruce’, appeared in a documentary about youth in the maximum-security Youth Unit at Port Phillip Prison in Truganina, in which he describes how he abused steroids, stalked his former partner and her boyfriend, tried to kill him, set fire to their house, and eventually got arrested, convicted, and sent to prison. You can read more about Cottrell’s political views here.

About @ndy

I live in Melbourne, Australia. I like anarchy. I don't like nazis. I enjoy eating pizza and drinking beer. I barrack for the greatest football team on Earth: Collingwood Magpies. The 2018 premiership's a cakewalk for the good old Collingwood.

4 Responses to Neo-Nazi Blair Cottrell fails in court

UNITED Patriots Front leader Blair Cottrell has poured his heart out in an effort to have his County Court appeal over a hate crime delayed.

Cottrell was convicted and fined $2000 last September for knowingly engaging in conduct with the intention of inciting serious contempt for or revulsion of a class of people, namely Muslims, under the Racial and Religious Tolerance Act.

He immediately appealed the decision, but has been delaying the hearing ever since.

The burly frontman told Judge Mark Dean today that he wasn’t ready to proceed because of the media attention he had suffered since being charged with the offence.

Cottrell claimed he had been labelled a neo-Nazi by various media organisations, which he was planning to sue for defamation.

He further claimed the stress had caused him problems with his employer, forced him to relocate and ended his relationship.

Cottrell was among the first to be convicted of the crime since the Act came into force in 2001.

He and supporters Neil Erikson and Christopher Neil Shortis were charged in 2015 after they made a video protesting the construction of a mosque in Bendigo in which they beheaded a dummy with a toy sword and spilt fake blood on the footpath outside Bendigo City Council offices.

In finding the men guilty, Magistrate John Hardy condemned their behaviour, declaring they had each “crossed the line”.

Crown prosecutors opposed the application to adjourn today’s hearing, declaring the case was ready to be put.

The opposition saw Cottrell change tack, claiming the personal distress caused to him by the media had delayed him finding adequate legal representation for his appeal.

He told the court his legal defence needed to be “reformed” as his matter was now being heard individually.

Cottrell said he believed the media attention in his matter had subsided since his conviction and he hoped to now be able to concentrate on obtaining a barrister to represent him.

Prosecutors agreed he should be allowed time to find a barrister and Judge Dean obliged.

In July 2018, Cottrell & his lawyer, John Bolton, filed an application with the County Court seeking to have his September 2017 conviction for religious vilification overturned on the basis that the Victorian ‘Racial & Religious Vilification Act (2001)’ is in fact un-Constitutional (it constitutes a barrier to an implied right to political communication). Constitutional matters are heard by the High Court. In October 2018, Bolton announced that the application to the High Court would be heard in December 2018. In December 2018, leave to appeal was rejected (http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCASL/2018/387.html).

Cottrell v Ross [2018] HCASL 387 (5 December 2018)

1) The applicant seeks the removal into this Court of a cause pending in the County Court of Victoria. Although that cause involves a matter arising under the Constitution, the application does not disclose any reason to interfere with the ordinary appellate process. An order under s 40 of the Judiciary Act 1903 (Cth) to remove the cause into this Court would therefore be inappropriate.

2) Pursuant to r 26.07.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.J. Gageler / P.A. Keane

Cottrell & Bolton return to the County Court in June for a directions hearing.

So: it looks like the ‘un-Constitutional’ defence isn’t gonna get a run; I dunno why you reckon that anyone who regards the conviction as being anything other an ‘abomination’ is therefore ‘anti-Australian’, ‘anti-White’ and an ‘enemy of the people’; I also dunno what this matter has to do with the ‘war’ you reckon is coming and for which you blame ‘the Left’.